Developer told to refund Rs 32.84 lakh

Ramkrishan Upadhyay

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Tribune News Service

Chandigarh, March 5

Not giving actual possession of a plot with all facilities and mandatory approvals in a fixed time frame has cost a builder dearly.

The State Consumer Disputes Redressal Commission, Chandigarh, has not only directed the builder, TDI Infratech Limited, to refund Rs32,84,560 to a consumer with interest but also told him to pay Rs50,000 as compensation for causing mental agony and harassment and litigation costs.

Requests went in vain

Arora said he made a number of requests to builder to deliver actual physical possession of the plot after completing the project, getting clearances and approvals, but to no avail.

Rajesh Arora approached the commission after the builder failed to deliver actual physical possession of a plot purchased by him in “TDI City”, Sector 111, SAS Nagar, for want of approvals/sanctions, development activities and basic amenities despite the victim paying almost full amount.

Arora said he booked the plot in May 2008. He had paid Rs32,84,560 against total sale consideration of Rs34,12,500 from May, 2008, to January, 2012. However, only symbolic possession was offered vide letter dated April 9, 2012. It was offered without necessary approvals/sanctions and also without development at the project site.

Arora said he made a number of requests to builder to deliver actual physical possession of the plot after completing the project and getting clearances/approvals, but to no avail.

After over five years, he was told to get the sale deed executed of the plot vide letter dated December 15, 2017, and also to make the remaining payment. In the absence of delivery of valid possession, the company started charging maintenance charges also.

Stating that the conduct of the builder amounts to deficiency in service and adoption of unfair trade practice, he filed a complaint before the commission seeking possession of the plot, or in the alternative refund of the amount paid along with interest and compensation. After hearing the argument, the commission held that the project was launched in complete violation of the mandatory requirements. The complainant is therefore held entitled to get a refund of the amount actually paid by him along with interest at the rate 12 per cent per annum from the respective dates of deposits.

The commission directed the builder to refund Rs32,84,560 and also Rs46,456 received towards maintenance charges to the complainant, along with interest at the rate 12% per annum from the respective dates of deposit onwards.